Judicial Determination of Contract Fraud from the Perspective of the Intersection Between Criminal and Civil Law
Year: 2024
Type: article
Abstract: In recent years, there has been a growing number of cases that involve the intersection of criminal and civil law within judicial practice. Among these, cases where contract fraud intersects with civil contract disputes are particularly typical. Although criminal law and judicial interpretations provide specific regulations regarding the elements that constitute the crime of contract fraud, the involvement of contracts as civil actions complicates the adjudication of many contract fraud cases. This complexity necessitates a careful examination of the relationship between criminal and civil law, making it a topic of significant research value. This article takes contract fraud cases as an entry point to analyze the causes and main points of contention in the intersection of criminal and civil law. It examines the legal application and adjudication models in judicial determination from both substantive and procedural perspectives, identifies the judicial dilemmas present, and, based on this analysis, offers feasible suggestions.
Author: Xiaoyun Ni
Institution: Macau University of Science and Technology
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4405582432